a federal judge has to decide whether or not a convicted killer will be put to death. in oakland a 6-year-old girl is shot in an overnight shot ooting. find out who the family was was the target. in hours meg whitman and jerry brown face off here at uc davis. who will be in the audience and why organizers believe they agreed to debated here first.

good afternoon. we begin with some very avenge shu's moments concerning the health of former president jimmy carter. the 85-year-old former president was taken off a flight in cleveland and rushed to the hospital. he has been traveling it to promote his enthusiasm book and became ill on his way to an early afternoon book signing in cleveland. a hospital spokewoman says the problem was be a upset stomach. he is expected to resume his book tour later this week. oakland police are searching for the gunman who opened fire at a home wounding a 6-year-old girl. she was hit boy a bullet while sleeping in bed. it happened around 2:00 a.m. at her house on seminary avenue on east 16th street. this is not the first time this house has been targeted by gunmen. >> four members of the ramirez

family were asleep in the back room when the shooting started. >> i was sleeping and then i just heard a lot of guns shooting. >> karen ramirez checked on her year-old son. he was ok. then she went to check on her family. >> i heard my mom screaming and then i went to her room and i seen my little sister. >> leslie ramirez was hit in the arm. the bullet traveled to her chest. she may have to have surgery today to remove the slug. the injury even moved the officer at the scene. >> it's very alarming considering that this family is inside asleep. it definitely appears to be a targeted incident and it's unfortunate that a 6-year-old child was hit. >> police say two men with handguns opened fire. their aim seemed to be in the direction of where they thought their target are would be sleeping. however, the older brother of the victim wasn't even at home.

his sister says maybe it's time for him to think about who is at home. >> he needs to think about not just him, but people that live around him. >> the sister's concern doesn't just have to do with what happened here today. police say the overnight shooting wasn't the first time the family or somebody inside had been targeted. about a month ago a structure out back was shot up by one person. the family says the graffiti spray painted on the doors of the building was scrawled by a gang. even though the 18-year-old says he doesn't know why he was targeted, be the police have a theory. >> it appears as it's gang related. a lot of what our department is focusing on is gang related activity. >> later this morning family members said leslie has non- life threatening injuries. the bullet in her chest mae to be removed for her condition to stay non-life threatening. kraig debro, back to you.

this week's planned execution of albert brown is now in jeopardy. overnight an appeals court judge weighed in ordering a trial judge to reconsider his ruling that paved the way for california's first execution in nearly five years. right now albert greenwood brown is scheduled to die by lethal injection at 9:00 thursday night. jade hernandez has reaction to this development. >> reporter: there are three drugs used during this execution. one of those drugs is becoming part of a problem that's the sedative. the sedative has an expiration date of this friday, october 1. that date is becoming an obstacle in the execution date. >> the courts have said there is no question that an unanecessary advertised execution is unconstitutional. it comes down to the delivery of the if first drug, the anesthetic, working the way it's supposed to. >> reporter: if the sedative set to expire is not used in

the execution rescheduled for thursday, it's likely an execution would not be held until january of next year because the drug's makerred that the drug may not be available for a few months. an appeals court feared that expiration date may have hurried the decision of a federal judge to continue with the scheduled execution. the ninth u.s. circuit court of' peels told the judge last night he had to compare the new lethal injection's procedures to the state's former practices. the execution would be the first in nearly five years and the last until next year due to the drug's shortage. >> the state took several years to come up with what it claims are revised procedures and that's what the judge has to review is. the question is, can he possibly review those in the next two days? >> reporter: this is 56-year- old albertwood brown, a man convicted of raping and murdering a 15-year-old riverside girl 30 years ago. 50 people have been invited to witness the execution on thursday night at 9:00. this afternoon we know that the

judge ored brown's attorneys to provide their side of the case by 2:30 today. the judge has until that time and the execution to make his decision in this case. seven people, we're told, will be out here this afternoon risking arrest to protest brown's execution. we're told there will be a protest on thursday right before the execution. back to you. we will be following major developments in the execution story all day on our newscasts. you can get updates anytime at ktvu.com. it will be another hot day around the bay. we're already feeling the warm temperatures. a lot of people are out enjoying the fall heat wave. some of you found time to feed the ducks and the geese. some areas are expected to see triple digit temperatures. the heat wave is hitting southern california as well. yesterday downtown l.a.

set a record of 113 degrees. police are looking into will the heat played a role in the death of a hollywood film editor. she was found dead after she had been hiking in the hollywood hills. she had edited all of quentin taren teen owe's movies. today in l.a. it's 94 and cloudy. they have some tropical clouds. it's hot and humid. we still have sunshine and there's trying to be a little west wind develop. 86 in san francisco. we'll be close to record setting territory today. the fog is out there. oakland airport had a little west wind at five. santa rosa 89, san jose 89. 79 at sfo.

napa 90. fairfield 93. city is 87. oakland and airport and downtown are 85. concord 92. san jose 90. the source of the higher clouds in southern california are sending in a few high clouds here. had that might take the edge of say in the santa clara valley later today. it's a big strong area of high pressure and all signs point toward this heat breaking tomorrow. today maybe some more record highs. this is a big day in the race for california governor. for the first time the two candidates will face off in a live debate this evening on the campus of uc davis. that's where claudine wong joins us with more. >> reporter: good afternoon. we're standing in front of the center where this debate will be held. meg whitman has taken a look

inside a couple weeks ago. jerry brown expected to get his first look this afternoon of the both will be doing technical walk-thrus this afternoon. after months of ads and air way attacks, this is the first debate in this race for governor. in hours, meg whitman and jerry brown will stand here in front of a crowd of almost 1,000 for their first gubernatorial debate. the two according to polls are in a dead heat. in this first debate it's critical. >> there is no guarantee that there will be a second or third. the reality of politics, you never know. >> there are other reasons to watch this debate. after months of ads, this will be a sort of getting to know you session. whitman is a new comer to the political scene, but while brown may be a veteran politician, the younger you are, the less you may know. >> his time in california as governor was so long ago, meg whitman had a much more

contested primary. we've been seeing her face, hearing her message more. jerry brown has been coming out as what high school actual plans are and what his -- how he wants to turn things around. they have a lot to prove. >> he's hoping the debate will give him a clearer idea of who he will vote for. he is still disiegd as are one in five california voters. uc davis law professor vick mar nps a race that close even small mistakes can make a difference. >> i don't think there will be a huge gap. in a race this close, even small mistakes or small successes can build momentum and it might than ultimately the winner in november wins only by five or six points. >> tonight's debate will be a traditional one, one of the reasons organizers believe the candidates agreed to debate here. >> the panelists will be taking turns asking questions. each candidate will be asked the same question. they'll have 90 seconds to respond.

then there will be 0 second followup opportunity force each of them. in that regard, there won't be opportunity force the candidates to ask each other questions. there will be opportunities for them to respond to what the other candidate said. >> people we talked to today say they're hoping to hear about the budget crisis, specific details about solutions, and with when what they plan to do about the partisan divide in sacramento. >> if at the enof the debate it's still unclear who has the better plan, i really would like it to put my support behind one candidate, for now i really need to see them articulate something i can believe in. >> you can see the security coming in. they're about to start a security sweep. you can see the officers walking inside the center. the audience more than 950 people, 130 news media, more than a third will be students who won tickets in a lottery.

protesters expected to be out here in force. they'll be kept across the street on a lawn. the university says they welcome their presence, too, as the discussions over who should be california's next governor continue. back to you. we're the only bay area television station where you can watch the debate live. it airs tonight at 6:00 followed by a special edition of our news. news out of mexico, disaster officials are now confirming the deaths of at least seven people in a huge landslide. that landslide happened early this morning in the mountains of weather ahaka state. at least 100 people are still missing. the landslide follows weeks of torrential rain and flooding. the mudslide dragged homes and families as much as 1300 feet downhill along with cars and

animals and light poles. a scare involving a gunman on a texas university campus, as questions continue about the gas pipeline disaster in san bruno, there is a new theory about a possible cause. the bay area's really heating up fast especially inland. steve paulson will have more specifics in the forecast coming up. i pull up and see the house all engulfed in flames. >> a scary scene today when a young bay area man pulled up to see his relatives' home.

university texas has issued an all clear hours of a a gunman opened fire with an assault rifle and then shot himself. police say he started shooting an ak-47 inside a campus library earlier today. no one else was hurt. the campus was locked down. the gunman acted alone. the some students were evacuated. the gunman has not been identified and no motive is known. san bruno's mayor is in washington, d.c., today to testify at a senate hearing on the gas pipeline disaster. also testifying were senators

dee an finestein and boxer. peg p peg's president said in prepared testimony that lawmakers should create a federal standard to limit how close companies can build high pressure pipelines to homes. let's listen in. >> well, -- >> the september 9 explosion in san bruno killed 7 people and destroyed more than 30 homes. a new report says the pipet line explosion may be tied to a power problem in milpitas. federal investigators say pg&e lost electricity to a crucial part of its natural gas pipeline system at its control center there. the outage occurred just hours before the pipeline explosion. the ruptured line originated in had milpitas and the outage directly affected the pressure

in the line. firefighters in the east bay are looking for the cause of a fire that essentially people to the hospital. it started around 11:30 last night on madison avenue in bay point. firefighters arrived within minutes and rushed to help the victims. the grandson of one fire victim also rushed to the burning home and witnessed a frightening scene. >> it's heart stopping just to see the way the flaimedz came out the front door to the window, seeing the suv on fire. >> the three victims were taken to the hospital. no word on their condition. the red scros helping the family find a temporary place to live. burlingame authorities have arrested a man suspect find causing annoying interruptions on their police radio. an offser driving by patty flynn's irish pub pick you said a familiar voice of a man making fun of police. when the police officer went inside the bar, they arrested

the man sitting at the bar with a store bought radio that could access police channels. let's check in with steve paulson for a look at the forecast. >> it will start to cool down tomorrow for the coast. there might be a west wind later on today. today is a sunny day. the fog is out there but very shallow and not making much of a push. it will by tonight. tomorrow it will be right on the coast. yesterday was really the day to go to the beach. sunny, temperatures, oakland 85. san francisco 87. i did see temperatures in san francisco and they range from 65 to 90. if you are right over by kelly's cove, ocean beach, you could be around 65. more record highs likely today. fire didn't is high. fire danger is high.

some clouds are moving into southern california. l.a. is 94 and cloudy. that's tropical clouds. some of these clouds have been everybodying up toward san jose. not too many. you might see them. height will continue to control our weather today. then of a that it will start getting burned out of here. there is a system moving in that will throw it offer to the east tomorrow. it will be warm to hot tomorrow. temperatures today will be in the category that was very close to yesterday which is 90s to near 100 degrees. napa is 90. the city 92. oakland 94. san jose 100. 87 in the city, 90 santa rosa and napa. everyone is really close. there is the 90s and 80s in southern california and cloudy. you see a lot of these clouds

surging north. they should play into our weather tomorrow. that will help cool us down. so patchy fog at best tonight. i think by tomorrow morning we'll see that make a pretty good appearance to the coast tomorrow. hot inland, 70s, 80s, 90s, to 100. fire didn't is high. it's nice by the coast, it's hot away. record highs are possible of the by tomorrow we see the fog coming back in. higher clouds drift in. it will still be warm to hot, not as hot wednesday. cooler thursday. everything comes back to normal by friday and saturday. >> thank you. new census it figures indicate the recession is taking a toll on marriage in america. the number of adults who decided to tie the knot last year dropped to its lowest level since the government began keeping track a century ago. just 52% of adults were married

last year. that's down from 57% in the year 2000. many of today's young people are struggling to find work and achieve economic independence. a new survey on religion shows that some of the most religiously informed people are atheists. on average people answered half of the questions correctly. still ahead, it will cost you more to buy some of your fate coffee. something that's been a fixture on all ben and jerry's ice cream packages will no longer be there. ring ring ring ring. hey, your chicken noodles ringing.

ring ring progresso. hi, may i speak to my oggy please? thank you. i'm sorry, who? my grandma. this is obviously her chicken noodle soup. only hers tastes like this. just put my oggy on the phone. thanks so much. hold one moment please. another person calling for her grandmother. she thinks it's her soup huh? i'm told she's in the garden picking herbs. i'll hold. she's holding. wha? [ male announcer progresso. you gotta taste this soup. ring ring. look for great deals on progresso soups this week at safeway. shop now and save.

the developing story, we're hearing that more than 600 customers do not have power in danville. the starting time of the outage was about 11:30 a.m. there is no word yet on whether the outage is related to the heat. the latest consumer confidence report indicates that americans are becoming more pessimistic about the economy. the monthly reading measures shows shoppers feel about business conditions and the job

market over the next six months. it showed consumer confidence dropped to 48.5 this month. that's down from 53.2 in august. it's the lowest level since february. 90 indicate as healthy economy. starting tomorrow people who drink pete's coffee will have to pay more. the company says the rising cost of coffee beans will mean a price increase of about 10 cents. the price of coffee beans will also go up 8%. other coffee companies have raised their prices in the past few weeks. ice cream maker ben and jerry's is dropping the phrase "all natural" from all its labels. the move comes of a a health advocacy group said the company should not use that phrase. the center for science in the public interest told ben and jerry's some of its ingredients including corn syrup and oils

are not natural. the fda has no fortunatelial definition for the term natural. coming up at 5:00, the future of athletics at uc berkeley is hanging in the balance because of budget cuts. today the chancellor will talk about the cuts for the first time. we'll dlb and we'll have a full report. that story and more at 5:00. thank you for watching. have a great day.